Randolph v. FEDEX-Federal Express Corporation

Filing 7

ORDER signed by Magistrate Judge Gregory G. Hollows on 9/29/11 ORDERING that forthwith after submission of the paragraph 2 required info by pltf, the USM is directed to serve w/i 90 days, all process, including a copy of this court's status orde r, w/o prepayment of costs; Pltf is directed to supply the USM, w/i 14 days, all info needed by the USM to effect service of process, and shall file a stmt with the court that said documents have been submitted to the USM. In the event the USM is un able, to effectuate service on any dft w/i 90 days, the USM is directed to report that fact, and the reasons for it, to the undersigned; The Clerk is directed to serve a copy of this order on the USM. Pltf is cautioned that failure to comply with this order will result in a recommendation of dismissal. (cc USM)(Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHAWN L. RANDOLPH,

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Plaintiff,
vs.

No. CIV S-11-0028 GEB GGH PS

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FEDEX - FEDERAL EXPRESS

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CORPORATION,

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Defendant.

ORDER
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On March 18, 2011, the court entered its order granting plaintiff’s request to

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proceed in forma pauperis and directing the Clerk to forward to plaintiff a summons form and a

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USM-285 form. Pursuant to that order, within 14 days from the March 18, 2011 filed date of the

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order, plaintiff was to provide the United States Marshal with the information to complete

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service of process. The court has not received a proof of service showing that the defendant has

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been served. On September 13, 2011, plaintiff filed a document stating that he did not submit his

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paperwork for service because he was in the hospital in April and May, 2011. Plaintiff does not

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explain why he has not submitted his paperwork since that time.

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Accordingly, IT IS ORDERED that:

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1. Forthwith after submission of the paragraph 2 required information by

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plaintiff, the U.S. Marshal is directed to serve within ninety days of the date of this order, all
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process pursuant to Fed. R. Civ. P. 4, including a copy of this court’s status order, without

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prepayment of costs.

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2. Plaintiff is directed to supply the U.S. Marshal, within 14 days from the date

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this order is filed, all information needed by the Marshal to effect service of process, and shall

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file a statement with the court that said documents have been submitted to the United States

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Marshal. The court anticipates that, to effect service, the U.S. Marshal will require at least:

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a. One completed summons for each defendant;

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b. One completed USM-285 form for each defendant;

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c. One copy of the endorsed filed complaint for each defendant, with an

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extra copy for the U.S. Marshal;

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d. One copy of this court’s status order for each defendant; and

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e. One copy of the instant order for each defendant.

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3 In the event the U.S. Marshal is unable, for any reason whatsoever, to effectuate

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service on any defendant within 90 days from the date of this order, the Marshal is directed to

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report that fact, and the reasons for it, to the undersigned.

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4. The Clerk of the Court is directed to serve a copy of this order on the U.S.
Marshal, 501 “I” Street, Sacramento, Ca., 95814, Tel. No. [phone].
6. Plaintiff is cautioned that failure to comply with this order will result in a

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recommendation of dismissal for failure to serve. Fed. R. Civ. P. 4(m).

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DATED: September 29, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH:076/Randolph0028.proc.wpd

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